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· 1/11/2016

United States v. Mario Asakevich

Citations

  • 810 F.3d 418
  • 2016 FED App. 0008P
  • 2016 U.S. App. LEXIS 367
  • 2016 WL 106163

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that § 3231 does not provide jurisdiction for a district court to consider a post-conviction motion
  • concluding that § 3231 does not provide jurisdiction for a district court to consider a motion to extend the time to file a 28 U.S.C. § 2255 motion
  • holding that § 3231’s grant of original jurisdiction did not “by itself provide [district court with] a basis for considering” a post-appeal motion for extension of time to file § 2255 motion (internal quotation marks omitted)
  • “The federal courts have no license to issue advisory opinions . . . .”
  • “[B]oth the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure apply in § 2255 proceedings, while only the Federal Rules of Civil Procedure apply in § 2254 proceedings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Suhrheinrich, Sutton, Cook

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.